The International Court of Justice of the United Nations as a mechanism for the investigation of human rights violations: the lawsuit of Ukraine against the Russian Federation regarding the charge of genocide

In order to counter the aggression of the Russian Federation, Ukraine widely uses various international mechanisms for investigating violations of human rights committed by the Russian Federation. One of these mechanisms is the UN International Court of Justice (ICJ), which is currently considering two cases initiated by Ukraine against Russia. This article describes the case of Russia being charged with genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG)

Ukraine filed this claim with the UN ICJ on February 26, 2022, two days after the full-scale Russian invasion started. The purpose of this lawsuit is to establish that the Russian Federation is violating the Genocide Convention, using baseless accusations of genocide as a pretext for aggression. Thus, since 2014, the top military and political leadership of the Russian Federation has groundlessly accused Ukraine of violating the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). The same accusations were repeated when the goal of a full-scale invasion was announced. However, there is currently no claim being filed accusing the Russian Federation of committing genocide. Still, Ukraine may one day turn to the UN Security Council to prosecute the Russian Federation for committing genocide.

The record of the case:

Ukraine requests the UN Security Council:

to establish that contrary to the statements of the Russian Federation, no acts of genocide, as defined by Article III of the Convention on Genocide, were committed in the Luhansk and Donetsk regions of Ukraine;

to establish that the Russian Federation cannot lawfully take any action in or against Ukraine under the Genocide Convention to prevent or punish alleged genocide based on its false claims of genocide in the Luhansk and Donetsk regions of Ukraine;

to establish that the Russian Federation’s recognition of the independence of the “Donetsk People’s Republic” and the “Luhansk People’s Republic” on February 22, 2022, is based on false allegations of genocide and therefore has no basis in the Genocide Convention;

to establish that the “special military operation” announced and launched by the Russian Federation on and after February 24, 2022, is based on false allegations of genocide and therefore has no basis in the Genocide Convention;

to oblige the Russian Federation not to take any illegal measures in and against Ukraine, including the use of force, based on its false claim of genocide;

to oblige the Russian Federation to compensate for all damages caused by any of its actions based on its false claims of genocide.

Position of the UN Security Council

On March 16, 2022, the UN Security Council adopted a decision to apply temporary measures, according to which the Russian Federation:

• must immediately stop the military operations it started on February 24, 2022, on the territory of Ukraine;
• shall ensure that any military or irregular military that may be controlled or supported by it, as well as any organizations and individuals that may come under its control or guidance, do not take any action to support such military operations.

Accession of other countries to the lawsuit

The UN ICJ granted a record number of applications to accede to the case from 32 party-states of the Genocide Convention, which shows the importance of this case both for the interpretation of the content of the Convention and for international justice as a whole. It is worth noting that the country’s accession to the case, at least formally, does not indicate its support for Ukraine’s statement, but rather its interest in ensuring the accurate interpretation, application, or implementation of the Genocide Convention.

In addition, support for Ukraine’s claim to the UN ICJ was expressed in a joint statement on behalf of Albania, Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Marshall Islands, Moldova, Monaco, Montenegro, Netherlands, New Zealand, North Macedonia, Norway, Palau, Poland, Portugal, Romania, San Marino, Slovakia, Slovenia, Spain, Sweden, Great Britain, the USA and the European Union.

The stage of the case consideration

On September 19-27, 2023, oral hearings were held regarding the Russian Federation’s preliminary objections to the jurisdiction of the UN ICJ and the admissibility of Ukraine’s claim. Provided that its jurisdiction is confirmed, the ICJ will proceed to consider the case on its merits.

For reference

This publication is made possible by the generous support of the American people through the United States Agency for International Development (USAID) in the framework of the Human Rights in Action Program implemented by the Ukrainian Helsinki Human Rights Union (helsinki.org.ua).

Opinions, conclusions, and recommendations presented in this publication do not necessarily reflect the views of USAID, the United States Government, or UHHRU. The contents are the responsibility of the authors and ECHR.

USAID is the world’s premier international development agency and a catalytic actor driving development results. USAID’s work demonstrates American generosity, promotes a path to recipient self-reliance and resilience, and advances U.S. national security and economic prosperity. USAID has partnered with Ukraine since 1992, providing more than $3 billion in assistance. USAID’s current strategic priorities include strengthening democracy and good governance, promoting economic development and energy security, improving healthcare systems, and mitigating the effects of the conflict in the East. For additional information about USAID in Ukraine, please call USAID’s Development Outreach and the Communications Office at +38 (044) 521-5753. You may also visit our website: http://www.usaid.gov/ukraine or our Facebook page at https://www.facebook.com/USAIDUkraine